3745-65-71
Use of manifest system.

(1)
If a facility receives hazardous waste
accompanied by a manifest, the owner or operator, or his agent, must sign and
date the manifest as indicated in paragraph (A)(2) of this rule to certify that
the hazardous waste covered by the manifest was received, that the hazardous
waste was received except as noted in the "Discrepancy" block of the manifest,
or that the hazardous waste was rejected as noted in the "Manifest Discrepancy"
block.

(2)
If a facility receives
hazardous waste accompanied by a manifest, the owner or operator, or his agent,
must:

(b)
Note any
significant discrepancies [as described in paragraphs (A)
and (B) of rule
3745-65-72 of the Administrative
Code] on each copy of the manifest;

[Comment: It is not the intent of Ohio EPA that the owner or
operator of a facility whose procedures under paragraph (C) of rule
3745-65-13 of the Administrative
Code include waste analysis must perform that analysis before signing the
manifest and giving it to the transporter. Paragraph (B) of rule
3745-65-72 of the Administrative
Code, however, requires reporting an unreconciled discrepancy discovered during
later analysis.]

(c)
Immediately give the transporter at least one copy of the manifest;

(d)
Within thirty days after the delivery,
send a copy of the manifest to the generator; and

(e)
Retain at the facility a copy of each
manifest for at least three years after the date of delivery.

(3)
If a facility
receives hazardous waste imported from a foreign source, the receiving facility
must mail a copy of the manifest and documentation confirming U.S. EPA's
consent to the import of hazardous waste to the following address within thirty
days after delivery: "Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division (2254A), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC"
20460.

[Comment: The exercise of foreign
relations and international commerce powers is reserved to the federal
government under the Constitution. These responsibilities are not delegable to
the states, Therefore, the importation and exportation of hazardous waste into
and out of the U.S. is solely regulated by the federal government.]

(B)
If a
facility receives, from a rail or water (bulk shipment) transporter, hazardous
waste which is accompanied by a shipping paper containing all the information
required on the manifest (excluding the U.S. EPA identification numbers,
generator's certification, and signatures), the owner or operator, or his
agent, must:

(1)
Sign and date each copy of
the manifest or shipping paper (if the manifest has not been received) to
certify that the hazardous waste covered by the manifest or shipping paper was
received;

(2)
Note any significant
discrepancies [as described in paragraphs (A)
and (B) of rule
3745-65-72 of the Administrative
Code] in the manifest or shipping paper, (if the manifest has not been
received) on each copy of the manifest or shipping paper;

[Comment: It is not the intent of Ohio EPA that the owner or
operator of a facility whose procedures under paragraph (C) of rule
3745-65-13 of the Administrative
Code include waste analysis must perform that analysis before signing the
shipping paper and giving it to the transporter. Paragraph (B) of rule
3745-65-72 of the Administrative
Code, however, requires reporting an unreconciled discrepancy discovered during
later analysis.]

(3)
Immediately give the rail or water (bulk shipment)
transporter at least one copy of the manifest or shipping paper (if the
manifest has not been received);

(4)
Within thirty days after the delivery,
send a copy of the signed and dated manifest or a signed and dated copy of the
shipping paper (if the manifest has not been received within thirty days after
delivery) to the generator; and

[Comment: Paragraph (C) of rule
3745-52-23 of the Administrative
Code requires the generator to send three copies of the manifest to the
facility when hazardous waste is sent by rail or water (bulk shipment).]

(5)
Retain at the facility
a copy of the manifest and shipping paper (if signed in lieu of the manifest at
the time of delivery) for at least three years after the date of
delivery.

(C)
Whenever
a shipment of hazardous waste is initiated from a facility, the owner or
operator of that facility must comply with the requirements of Chapter 3745-52
of the Administrative Code.

[Comment: The provisions of rule
3745-52-34 of the Administrative
Code are applicable to the on-site accumulation of hazardous wastes by
generators. Therefore, the provisions of rule
3745-52-34 of the Administrative
Code only apply to owners or operators who are shipping hazardous waste which
they generated at that facility.]

(D)
Within three
working days after the receipt of a shipment subject to 40 CFR Part 262 subpart
H, the owner or operator of a facility must provide a copy of the movement
document bearing all required signatures to the exporter, to the "Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC" 20460, and to
competent authorities of all other concerned countries. The original signed
copy of the movement document must be maintained at the facility for at least
three years after the date of signature.

(E)
A facility must determine whether the
consignment state for a shipment regulates any additional wastes (beyond those
regulated by U.S. EPA) as hazardous wastes under its state hazardous waste
program. Facilities must also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to
these states.

[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]